S.D.Ala.: Hitting fog line 8 times is reason for a stop even if it doesn’t necessarily violation AL law

Touching the fog line once isn’t an offense (and dozens of cases are cited), but eight times is reasonable suspicion for a stop and at least justifies it under Heien: “While the Court questions whether touching or slightly crossing a fog line violates Ala. Code § 32-5A-88, the Court need not decide whether the type of conduct Sullivan observed amounts to a violation of Alabama traffic law. This is because even if the conduct Sullivan observed is not a violation of Alabama law, the Court finds that Sullivan’s determination that the Defendant’s conduct violated Alabama law was reasonable [under] Heien v. North Carolina, ….” United States v. Rivas, 2017 U.S. Dist. LEXIS 34526 (S.D. Ala. March 10, 2017).